B-117268, JAN 7, 1954

B-117268: Jan 7, 1954

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BROOKS: FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22. WHICH WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 18. WERE AUTHORIZED TO RATION SEPARATELY. WHICH WAS DENIED BECAUSE SUCH QUARTERS WERE NOT AVAILABLE. YOU AND YOUR HUSBAND WERE AUTHORIZED TO RESIDE OFF BASE AND WERE PAID QUARTERS ALLOWANCE. THAT YOU WERE HONORABLY DISCHARGED ON APRIL 14. IN VIEW OF SUCH FACTS YOU APPEAR TO BE OF THE OPINION THAT BECAUSE MARRIED QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU AND YOUR HUSBAND. THE REGULATIONS IN EFFECT DURING THE PERIOD OF YOUR CLAIM PROVIDED THAT WHEN THE SERVICE MEMBER HAD NO DEPENDENT OTHER THAN A SPOUSE ALSO IN THE SERVICE THE RIGHT TO BASIC ALLOWANCE FOR QUARTERS WAS FOR DETERMINATION AS IF EACH WERE SINGLE.

B-117268, JAN 7, 1954

PRECIS-UNAVAILABLE

MRS. DOROTHY L. BROOKS:

FURTHER REFERENCE IS MADE TO YOUR LETTER OF SEPTEMBER 22, 1963, CONCERNING YOUR CLAIM FOR BASIC ALLOWANCE FOR QUARTERS FOR THE PERIOD JANUARY 18 TO APRIL 11, 1952, INCLUSIVE, INCIDENT TO YOUR SERVICE AS A SERGEANT, UNITED STATES AIR FORCE, WHICH WAS DISALLOWED BY SETTLEMENT DATED SEPTEMBER 18, 1953.

IN YOUR CLAIM YOU STATED THAT ON JANUARY 18, 1952, WHILE STATIONED AT THE SAMPSON AIR FORCE BASE, GENEVA, NEW YORK, YOU AND YOUR HUSBAND, ALSO ON DUTY AT THAT STATION, WERE AUTHORIZED TO RATION SEPARATELY, AND THAT ON THE SAME DATE BOTH OF YOU MADE APPLICATION FOR MARRIED QUARTERS, WHICH WAS DENIED BECAUSE SUCH QUARTERS WERE NOT AVAILABLE. ALSO, YOU STATED THAT ON APRIL 12, 1952, YOU AND YOUR HUSBAND WERE AUTHORIZED TO RESIDE OFF BASE AND WERE PAID QUARTERS ALLOWANCE, AND THAT YOU WERE HONORABLY DISCHARGED ON APRIL 14, 1952. IN VIEW OF SUCH FACTS YOU APPEAR TO BE OF THE OPINION THAT BECAUSE MARRIED QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO YOU AND YOUR HUSBAND, YOU SHOULD BE PAID BASIC ALLOWANCE FOR QUARTERS IN YOUR OWN RIGHT EVEN THOUGH APPARENTLY YOU VACATED ASSIGNED "SINGLE" QUARTERS FOR PERSONAL REASONS.

THE REGULATIONS IN EFFECT DURING THE PERIOD OF YOUR CLAIM PROVIDED THAT WHEN THE SERVICE MEMBER HAD NO DEPENDENT OTHER THAN A SPOUSE ALSO IN THE SERVICE THE RIGHT TO BASIC ALLOWANCE FOR QUARTERS WAS FOR DETERMINATION AS IF EACH WERE SINGLE, THAT IN THE CASE OF MARRIED MEMBERS ELIGIBILITY FOR ASSIGNMENT TO MARRIED QUARTERS OR TO PAYMENT OF "SINGLE" BASIC ALLOWANCE FOR QUARTERS IN LIEU THEREOF RESTED WITH THE MALE MEMBER, AND THAT A FEMALE MEMBER HAD NO ENTITLEMENT TO MARRIED QUARTERS NOR TO "SINGLE" QUARTERS ALLOWANCE UNLESS "SINGLE" QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO HER. THE REGULATIONS PROVIDED ALSO, THAT AUTHORITY FOR THE PAYMENT OF BASIC ALLOWANCE FOR QUARTERS FOR SERVICE MEMBERS WITHOUT DEPENDENTS WAS REQUIRED BEFORE PAYMENT COULD BE MADE, THAT SUCH AUTHORIZATION WOULD BE ISSUED ONLY AFTER DETERMINATION THAT QUARTERS WERE NOT AVAILABLE OR THAT IT WAS IMPRACTICABLE FOR QUARTERS TO BE FURNISHED BY THE GOVERNMENT, AND THAT THE DETERMINATION OF THE COMMANDING OFFICER, WAS CONCLUSIVE OF THE RIGHTS OF THE PERSON.

THE SAID REGULATIONS CONTEMPLATED THAT THE COMMANDING OFFICER CONCERNED MAKE A DETERMINATION AND EXECUTE A CERTIFICATE TO THE EFFECT THAT "SINGLE" QUARTERS WERE NOT AVAILABLE FOR ASSIGNMENT TO THE MEMBER, IF SUCH WAS THE CASE, BEFORE BASIC ALLOWANCE FOR QUARTERS MIGHT BE PAID. IN THE ABSENCE OF SUCH DETERMINATION AND CERTIFICATE THERE IS NO AUTHORITY FOR PAYMENT OF SUCH ALLOWANCE.

WHILE YOU AND YOUR HUSBAND MAY HAVE BEEN AUTHORIZED TO RATION SEPARATELY FROM YOUR ORGANIZATIONS DURING THE PERIOD JANUARY 16 TO APRIL 11, 1952, THERE HAS NOT BEEN SUBMITTED ANY DETERMINATION BY YOUR COMMANDING OFFICER THAT DURING THAT PERIOD "SINGLE" QUARTERS WERE NOT AVAILABLE FOR YOUR OCCUPANCY, OR THAT IT WAS IMPRACTICABLE FOR "SINGLE" QUARTERS TO BE FURNISHED TO YOU BY THE GOVERNMENT. AND, WHILE YOUR MARRIAGE MAY HAVE FORMED THE BASIS FOR YOUR COMMANDING OFFICER TO PERMIT YOU AND YOUR HUSBAND TO RATION SEPARATELY AND TO RESIDE OFF BASE, SUCH PERMISSION DOES NOT WARRANT A CONCLUSION BY THIS OFFICE THAT "SINGLE" QUARTERS WERE NOT AVAILABLE FOR YOU IN YOUR CAPACITY AS AN ENLISTED MEMBER OF THE SERVICE. ON THE CONTRARY, IT APPEARS THAT YOU WERE PERMITTED TO RATION SEPARATELY AND TO RESIDE OFF BASE SOLELY FOR PERSONAL REASONS.

ON THE PRESENT RECORD, NO AUTHORITY EXISTS FOR PAYMENT TO YOU OF BASIC ALLOWANCE FOR QUARTERS. ACCORDINGLY, THE SETTLEMENT OF SEPTEMBER 18, 1953, IS SUSTAINED.